Case Summary (A.M. No. RTJ-18-2537)
Factual Antecedents
Abdulsamad Bogabong had served as the First Kagawad and assumed the role of Barangay Chairman in a hold-over capacity following the death of the incumbent chairman and the failure to hold elections. Despite the recognition by the local Department of the Interior and Local Government (DILG) of Bogabong's authority, the Marawi City Mayor appointed Omera Hadji Isa-Ali to the position. Bogabong contested this appointment, resulting in a DILG-ARMM resolution affirming his position. Subsequently, Omera initiated legal proceedings against Bogabong, leading to several rulings by the respondent-judge that ultimately favored Omera, prompting Bogabong's appeal.
Administrative Charges
The complaint against respondent-judge Balindong cited gross ignorance of the law, grave abuse of authority, and partiality. Specific instances included granting a temporary restraining order (TRO) and a writ of preliminary injunction (WPI) without requiring the applicant to post a bond, as mandated under the Rules of Court, and granting execution pending appeal, which lacked sufficient justification.
Respondent-Judge's Defense
In response to the charges, Balindong maintained that he conducted his duties with impartiality and rationality, asserting that any errors were mere judgments that did not warrant administrative sanctions. He highlighted that the complainant failed to file a supersedeas bond which would have mitigated the enforcement of the writ of execution.
Findings of the Office of the Court Administrator
The Office of the Court Administrator (OCA) reviewed the case and substantiated the complaints against Balindong, finding that he exhibited gross ignorance of the law and abuse of authority. The OCA noted his disregard for established legal standards and jurisdictional limitations as evidenced by his repeated errors, constituting a serious infraction subject to disciplinary action.
Court's Ruling and Final Penalty
The Court upheld the findings of the OCA and concluded that the respondent-judge displayed gross ignorance by failing to adhere to simple and basic legal principles, specifically regardi
...continue readingCase Syllabus (A.M. No. RTJ-18-2537)
Case Background
- The case is an administrative matter stemming from a Letter-Complaint filed by Abdulsamad P. Bogabong against Judge Rasad G. Balindong, who served as the Acting Presiding Judge of the Regional Trial Court (RTC) of Marawi City, Lanao del Sur, Branch 8.
- The complaint alleges gross ignorance of the law, grave abuse of authority, and partiality regarding a Quo Warranto case, specifically Special Civil Action No. 1879-09, which involved a prayer for the issuance of a temporary restraining order (TRO).
Factual Antecedents
- Bogabong was elected First Kagawad of Barangay Bubonga Marawi in the July 2002 Barangay Elections and assumed office as Barangay Chairman due to the death of the incumbent Chairman, Dianisia P. Bacarat.
- On April 9 and 10, 2008, the Department of Interior and Local Government (DILG) issued Certifications recognizing Bogabong’s hold-over capacity as Barangay Chairman.
- On April 10, 2008, Marawi City Mayor Fahad U. Salic appointed Omera Hadji Isa-Ali as the Barangay Chairman, which was later recognized by DILG through a May 7, 2008 Certification.
- Following this, Bogabong questioned Omera's appointment by filing a complaint with DILG-ARMM, leading to a May 5, 2009 resolution reaffirming Bogabong's position as the legitimate Chairman in hold-over capacity.
- Omera subsequently filed a quo warranto case against Bogabong, seeking to oust him from the chairmanship.
Court Proceedings
- On July 2, 2009, Judge Balindong granted Omera's application for a TRO.
- A Writ of Preliminary Injunction (WPI) was later issued on July 22, 2009, preventing Bogabong and the Land Bank of the Philippines from disbur